Trial Agreement
Last Updated: October 6, 2026
This Trial Agreement (the “Agreement”) is entered into by and between Sigma Computing, Inc., a Delaware corporation with offices at 116 New Montgomery St., #700, San Francisco, CA 94105 (“Sigma”) and you, the person clicking “I accept”, “Start Trial”, “Set Up Your Account”, or other similar terms of acceptance, or otherwise signing up to access and use the Service (“Customer”). This Agreement governs a Customer’s access to and use of Service (as defined in Section 1.1) during a Trial Period (as described under Section 1.1).
BY CLICKING THE “SET UP YOUR ACCOUNT”, “START TRIAL”, OR OTHERWISE TAKE ACTIONS ASSOCIATED WITH CREATING AN ACCOUNT WITH SIGMA (OR COMPLETING ANY OTHER SIMILAR ACTIONS OF ACCEPTANCE), CUSTOMER ACCEPTS THIS AGREEMENT AND ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREEED TO BE BOUND BY THESE TERMS. If the person accepting this Agreement is an individual acting on behalf of an organization, “Customer” refers to the organization the person represents. IF THE PERSON ACCEPTING THIS AGREEMENT IS AN INDIVIDUAL AND IS ACCEPTING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, SUCH PERSON REPRESENTS AND WARRANTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. READ THIS AGREEMENT CAREFULLY, IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN CUSTOMER AND SIGMA.
The parties therefore agree as follows:
1. Evaluation of the Service.
Sigma is the owner and provider of the Sigma cloud-based intelligence platform, which is designed to allow customers to input and analyze data (the “Service”). Subject to the terms of this Agreement, Customer may access and use the Service for the sole purpose of evaluating the Service for Customer’s internal business purposes solely for the duration of the Sigma Event (“Trial Period”). A “Sigma Event” means any demonstration, conference, trade show, webinar, seminar, or other event hosted, organized, sponsored, or otherwise managed by Sigma (whether alone or with its partners and/or co-sponsors), where the Services are offered to Customer by Sigma for evaluation purposes. Customer may also use Sigma’s generally published technical documentation associated with the Service (“Documentation”) solely for Customer’s internal business purposes. Customer’s use of and access to the Service is permitted only by employees and contractors authorized by Customer to use the Service (“Users”). Customer will ensure that its Users are aware of and bound by obligations and/or restrictions stated in this Agreement and Customer will be responsible for breach of any such obligation and/or restriction by a User. Customer is responsible for all activities of its Users on the Service and is responsible for all uses of Customer’s account. Additional terms applicable to Sigma’s provision of and Customer’s use of specific Sigma features can be found at https://www.sigmacomputing.com/legal/feature-terms (“Feature Specific Terms”), the terms of which are incorporated by reference.
2. Usage Restrictions.
Customer also agrees that it will not, and will not allow Users or third parties to, directly or indirectly (a) modify, translate, copy or create derivative works based on the Service, (b) reverse assemble, reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, non-public APIs or underlying ideas or algorithms of the Service, except as and only to the extent this restriction is prohibited by law, (c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than Authorized Customers, (d) use the Service in any way that violates any applicable federal, state, local or international law or regulation, (e) use or access the Service to build or support and/or assist a third party in building or supporting products or services competitive to the Service (f) attempt to probe, scan, or test the vulnerability of the Service or any Sigma system or networks, (g) infringe, violate or misappropriate the intellectual property, publicity, privacy or other rights of any third party, and (h) transmit any worms or viruses or any code of a destructive nature. Sigma may suspend the Service immediately if there is any use of the Service by Customer or Users that in Sigma’s reasonable judgment threatens the security, integrity, or availability of the Service.
3. Third-Party Integrations.
The Service may integrate with third party products, services or applications that are not owned or controlled by Sigma (e.g., Snowflake or other data warehouse services providers) (“Third-Party Applications”). Customer acknowledges and agrees that this Agreement does not apply to Customer’s use of Third-Party Applications. CUSTOMER WILL LOOK SOLELY TO THE THIRD-PARTY PROVIDER OF THE THIRD-PARTY APPLICATIONS FOR ANY WARRANTY RELATED ISSUES OR OTHER CLAIMS RELATED THERETO. SIGMA WILL HAVE NO LIABILITY OR OTHER OBLIGATION OF ANY KIND ARISING OUT OF OR RELATED TO ANY THIRD-PARTY APPLICATIONS.
4. Payment Obligations.
Unless otherwise agreed upon by the parties all use of the Service under this Agreement will be free of charge.
5. Term and Termination.
This Agreement will become effective as stated above and continue for the Trial Period unless earlier terminated as stated herein. At the end of the Trial Period, this Agreement will automatically expire. Either party may terminate this Agreement upon written notice to the other party. Upon any termination of this Agreement, all rights and licenses granted by Sigma hereunder will immediately terminate. Within 30 days of any termination or expiration, Sigma will delete Customer’s passwords and all related information, files, and Customer Materials. Sections 2, 3, and 5 - 13 will survive any termination or expiration of this Agreement.
6. Warranty Disclaimer.
THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SIGMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. Confidentiality.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) may disclose business, technical or financial information relating to the Disclosing Party’s business that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (hereinafter referred to as the “Confidential Information” of the Disclosing Party). Sigma’s Confidential Information includes non-public information regarding features, functionality, and performance of the Service. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information. The Receiving Party will (a) protect the Disclosing Party’s Confidential Information using the same degree of care used to protect its own confidential or proprietary information of like importance, but in any case using no less than a reasonable degree of care, (b) limit access to the Confidential Information to those employees, affiliates, subprocessors, agents, consultants, legal advisors, financial advisors, and contractors (“Representatives”) who need to know such information in connection with this Agreement and who are bound by confidentiality and non-use obligations just as protective of the Disclosing Party’s Confidential Information as the terms of this Agreement; (c) except as expressly set forth herein, will not disclose any of Disclosing Party’s Confidential Information to any third parties without the Disclosing Party’s prior written consent; and (d) will not use the Disclosing Party’s Confidential Information for any purpose other than to fulfill its obligations under this Agreement.
8. Data.
8.1 User Information. When Customer accesses or uses the Service, Sigma may collect from Customer (and Users) certain information that is required by Sigma to provide and secure the Service, including User Credentials, User account information, and information collected from Customer to provision User accounts (“User Information”). During the Trial Period, Customer grants Sigma and its subcontractors the right to store, process and retrieve the User Information (including personally identifiable information included in User Information, if any) in connection with Customer’s use of the Service. Customer represents and warrants that it has obtained all necessary rights and consents to permit (a) Customer’s use and receipt of the Service, (b) transfer of User Information to Sigma and (c) processing of the User Information as contemplated by this Agreement. Customer is solely responsible for all User Information including usernames, passwords, tokens, or keys in Customer’s possession. Customer grants Sigma the right to access, use, process, copy, distribute, perform, export and display User Information, as reasonably necessary (i) to provide the Service to Customer (including the transfer of User Information to Sigma), (ii) to prevent or address service, security, support, or technical issues, (iii) to monitor Customer’s use of the Service and compliance with this Agreement, (iv) as required by law, and (v) as expressly permitted in writing by Customer.
8.2 Customer Materials. During the Trial Period, Sigma may, in its sole discretion, allow Customer to use sample or demo datasets for the purposes of evaluating the Service (“Sample Data”). Customer may, in its sole discretion, choose to input, upload, provide, or otherwise submit additional data to the Service (“Customer Materials”), provided such data or information is owned or licensed by Customer. Customer owns all right, title, and interest in and to the Customer Materials. To the extent that any Customer Materials are shared with Sigma, Customer grants Sigma and its licensors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to use, process and display such Customer Materials for the purpose of providing the Service and exercising its rights under this Agreement. .
8.3 Service Data. As Customer (and its Users) interact with the Service, the Service collects data pertaining to its use, performance, and operation (“Service Data”). Service Data may include information about Customer (or the User that provides it). Notwithstanding anything else to the contrary herein, the parties agree that Sigma is free to use the Service Data internally to operate, maintain, and improve its Service.
8.4 Sigma’s Ownership. Sigma owns the Service and Sample Data, including all features, functionality, templates, and samples forming part thereof, and the Documentation (collectively the “Sigma Materials”). Sigma retains all right, title and interest (including, without limitation, all patent, copyright, trademarks, trade secret and other intellectual property rights) in and to the Sigma Materials, all related and underlying technology and any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes thereto and all derivative works of or modifications to any of the foregoing. There are no implied licenses under this Agreement.
9. Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT FOR (I) A PARTY’S MISAPPROPRIATION OR INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR (II) EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR (A) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (B) ANY DAMAGES THAT IN THE AGGREGATE EXCEED ONE THOUSAND US DOLLARS ($1,000). THESE LIMITATIONS WILL APPLY WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. Feedback.
Customer may from time to time provide suggestions, comments or other feedback with respect to the Service (“Feedback”). Customer hereby grant to Sigma and its assigns a royalty-free, worldwide, perpetual, irrevocable, fully transferable and sublicensable right and license , if any, to use any Feedback as Sigma sees fit, without obligation or restriction of any kind, except that Sigma will not identify Customer as the provider of such Feedback.
11. Trial Warehouses and Trial Models.
During the Trial Period, Customer may evaluate and use the Service by connecting it with a sample third-party provided data warehouse managed by Sigma (“Trial Warehouse(s)”). AI Features (defined in Section 5 of the Feature Specific Terms) are powered Trial Models by default during the Trial Period. “Trial Model(s)” are the AI models that are pre-configured by Sigma and made available to Customer for use through the Trial Warehouse. By accessing or using Trial Models to power AI Features, Customer acknowledges and agrees that:
11.1 Customer may only use Trial Models and the Trial Warehouse (“Trial Materials”) during the Trial Period and solely for its internal evaluation purposes. Customer’s use of AI Features during the Trial Period is subject to these Terms and the applicable Feature Specific Terms.
11.2 Any data, including Customer Materials and AI Inputs, that Customer uses with or submits to AI Features during the Trial Period may be transmitted to, processed by, stored by, hosted by, or otherwise made available to the third-party provider of the Trial Models as needed to operate the relevant AI Features. The provider of Trial Models may further use such data to train, fine-tune, or otherwise enhance the Trial Models or other AI models. Accordingly, if Customer submits any personal data, confidential information, or production data to the Trial Models and AI Features during the Trial Period, it does so with the understanding that such data will be processed as stated above.
11.3 Sigma makes the Trial Materials available to Customer in its sole discretion and may at any time withhold, limit, condition, modify, replace, suspend, disable or discontinue any Trial Materials.
11.4 Trial Materials are deemed Third-Party Applications, even if Sigma pre-configures it or makes it available through the Trial Warehouse. Notwithstanding anything to the contrary in this Agreement, Trial Materials are provided “AS-IS” without any warranties, representations, defense or indemnification obligations, or support obligations of any kind.
12. Governing Law and Dispute Resolution.
READ THIS SECTION 12 CAREFULLY. IT AFFECTS CUSTOMER’S LEGAL RIGHTS, INCLUDING CUSTOMER’S RIGHT TO FILE A LAWSUIT IN COURT. THIS AGREEMENT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION OR WAIVER OF CLASS ACTIONS.
12.1 Governing Law. Any claims, suits, actions, causes of action, demands or disputes arising out of or related to this Agreement and/or Customer’s use (actual or contemplated) of Sigma Public (“Dispute(s)”) will be governed exclusively by the laws of the State of California, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
12.2 Initial Resolution. Each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises (“Dispute Notice”), so that the parties can attempt in good faith to resolve the Dispute informally. Customer’s Dispute Notice must include (a) Customer’s name, postal address, telephone number, and email address, and (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that Customer is seeking. If the parties have not resolved the dispute within thirty (30) days of delivery of the Dispute Notice, either party may seek to resolve the dispute through binding arbitration as stated in Section 12.5.
12.3 Excluded Disputes and Lapse. “Excluded Disputes” are Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property. EXCEPT FOR EXCLUDED DISPUTES, CUSTOMER AGREES THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY CUSTOMER WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE SUCH CUSTOMER WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH LAPSED CLAIMS REGARDING THE DISPUTE.
12.4 Jury Trial and Class Action Waiver. EACH PARTY AGREES THAT (A) THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW IN CONNECTION WITH OR RELATED TO THIS AGREEMENT AND ANY USE OF THE SERVICES, AND (B) THEY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS PART OF A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION.
12.5 Binding Arbitration. Subject to Section 12.2 (Initial Resolution) and Section 12.3 (Excluded Disputes and Lapse), either party may initiate binding arbitration as the sole means to resolve any Dispute in accordance with this Section 12.5. The Dispute will be finally settled by a sole arbitrator under binding arbitration administered by Judicial Arbitration and Mediation Services, Inc (“JAMS”) in accordance with the JAMS Streamlined Arbitration Procedure Rules. The arbitration proceedings will be held in English. The venue of arbitration will be San Francisco County, CA. Any award granted by the arbitrator (a) will be subject to Section 9 (Limitation of Liability), (b) may be entered as a judgment in any court of competent jurisdiction, and (c) will be final and non-appealable, to the extent not inconsistent with applicable laws. The arbitrator will award to the prevailing party, if any, costs, and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
12.6 Instructions For Opting Out Of Arbitration. Customer may opt out of arbitration under Section 12.5 (Binding Arbitration) and the waiver under Section 12.4 (Jury Trial and Class Action Waiver) by sending a written “Opt-Out Notice” within thirty (30) days of Customer’s acceptance of this Agreement. The Opt-Out Notice must include Customer’s name, mailing address, email address, and an unequivocal statement that Customer is opting out of this arbitration agreement. If Customer opts out of the waiver under Section 12.4 (Jury Trial and Class Action Waiver), Sigma also will not be bound by this waiver.
12.7 Other Dispute Resolution. The sole and exclusive jurisdiction for any Disputes that are not handled by arbitration will be the state and federal courts located in San Francisco County, CA, and both parties consent to the personal jurisdiction of such courts.
13. Miscellaneous.
The parties are independent contractors. There are no third-party beneficiaries to this Agreement. Sigma may retain and use subcontractors for the purpose of assisting Sigma with providing the Service. Notices under this Agreement will be provided as follows: (a) all notices regarding the Service will be sent by email, although we may instead choose to provide notice to Customer through the Service, (b) notices to Sigma must be sent to Sigma Computing, Inc., 116 New Montgomery St., #700, San Francisco, CA 94105, with a copy to legal@sigmacomputing.com, and (c) all notices to Customer will be sent to the email(s) provided through the Service. Notices will be deemed to have been duly given the business day after it is sent, in the case of notices through email; and the same day, in the case of notices through the Service. No modification or amendment to this Agreement will be effective unless made in writing and signed by an authorized representative of both parties. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver. No waiver under this Agreement will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. Customer may not assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.